Navigate

June 26, 2009

Freedom of Speech and Artistic Expression: The
Rights and Obligations of Speakers, Performers, Audience Members,
Co-Sponsors, Campus Guests, and Protesters at San José State
University.
1

Preamble

Over the past several years, San José State University has
repeatedly encountered the tension between the valued principle of
freedom of speech and artistic expression and the need for many
perspectives to be articulated and heard respectfully by campus
members through campus events and speaking engagements. Through
these encounters, there emerges the importance of having campus
members hear diverse points of view for full educational value and
engagement and at the same time, the cherished right of campus
members to express their range of opinions on such views within
certain parameters.

Given this tension, San José State University formally
reaffirms its commitment to freedom of speech and artistic
expression through this presidential directive. Freedom of speech
in this context will be taken to encompass all forms of
communication and artistic expression as well as the freedom to
listen, watch, protest, or otherwise participate in such
communication. As such, this directive outlines specific guidelines
pertaining to freedom of speech and artistic expression at campus
events. Such a commitment as formalized in this directive will
enable us to create a truly open forum, one in which diverse
opinions can be expressed and heard.

This directive applies to ALL members of the University
community (students, faculty, staff, and administrators,
alumni/alumnae) and to their co-sponsors and invited speakers,
artists, and invited guests. By following these guidelines, San
José State University seeks to maintain an environment in
which the free exchange of opinions and perspectives can thrive and
allow for the most optimal learning to take place.

Directive Guidelines:

It is the right of members of the University community
(including students, faculty, staff, and administrators),
speakers, artists, co-sponsors, and others invited by members of
the San José State University community to set forth their
views and opinions at the San José State University.

Within its lawful authority to do so, San José State
University will protect the right of any member of the San
José State University community, or any invited speaker or
artist, to speak or perform, and also will protect the rights of
those members of the San José State University community who
wish to hear and communicate with an invited speaker or
artist.

It is the responsibility of San José State University
officials or the organizers of an event to make a judgment when
there is a clear and present danger that the rights of freedom of
expression and communication of a member of the San José
State University community, invited speaker, invited artist, or
co-sponsor will be infringed upon, and to take appropriate
measures, consistent with these Guidelines, to safeguard these
rights.

It is inconsistent with full respect for freedom of speech
and expression-- though itself a form of protected speech-- for
members of the San José State University community to exert
pressure to revoke an invitation for a speaker to appear at San
José State University because of the potential for a violent
reaction to the speech, or the threat of disruption of the
speech, and such pressure should be resisted. Likewise, refusal
to invite an individual to speak solely because his or her
presence may invite violence and disruption is contrary to the
intellectual ideals of San José State University.

Within the confines of a hall or physical facility, or in the
vicinity of the place in which a member of the San José
State University community, invited speaker, invited artist, or
co-sponsor is addressing an assembled audience, protesters must
not interfere unduly with communication between a speaker or
artist and members of the audience. This prohibition against
undue interference does not include suppression of the usual
range of human reactions commonly displayed by an audience during
heated discussions of controversial topics. Nor does this
prohibition include various expressions of protest, including
heckling and the display of signs (without sticks or poles), so
long as such activities are consistent with the continuation of a
speech or performance and the communication of its content to the
audience.

Protesters have rights, just as do speakers and artists. The
standard of "undue interference" must not be invoked lightly,
merely to avoid brief interruptions, or as to remove distractions
or embarrassment. San José State University has an
obligation to provide members of the community, and invited
speakers and artists, with personal security and with reasonable
platforms for expression; moreover, it has an obligation to
ensure audience access to public events. San José State
University does not, however, have the obligation to insure
audience passivity. San José State University cannot accept
stipulations by invited speakers or artists of terms of
appearance that are inconsistent with allowing full freedom of
expression to the San José State University community.
Protesters and other members of the San José State
University community, for their part, have an obligation not to
abuse their rights of expression to harass or intimidate speakers
in ways that unduly interfere with the expression or
communication (see Guideline 5). It is, of course, always within
the rights of protesters to express their opposition to a speaker
in appropriate ways outside of the hall or physical facility or
area where a lecture, meeting, or performance is being held, or
to organize alternative forums.

Speakers are encouraged to exchange ideas with members of the
audience and to engage in dialogue so that points of contention
can be addressed directly. It is the responsibility of all
parties so that such dialogue not become a means of interfering
unduly with free expression and communication, as understood in
Guidelines 5 and 6.

If any of the parties within the confines of the hall or
physical facility interfere unduly with freedom of expression or
communication, the organizers or San José State University
representative must, if possible, put such parties on notice that
they are interfering unduly with such rights. If the notified
parties do not stop their undue interference, the organizers or
San José State University representative should request
assistance from San José State University's Police
Department (UPD). UPD will determine whether other measures are
necessary to stop it, which may include the physical removal of
individuals from the area. Free expression includes making sure
that:

Canceling, stopping an event, adjourning to another time
or place, or allowing protracted interruption of a speech,
meeting, or performance is inconsistent with full respect for the
rights of free expression and communication of those present --
(prior to it entering a disruptive phase). The overriding goal of
the organizers or University representative during a disruption
should be to reestablish with deliberate speed an atmosphere
conducive to communication between the speaker or artist and the
audience, and to full respect for the rights of all parties.

Because freedom of speech and expression play such a critical
role in the functioning of a university, undue interference with
the exercise of these freedoms by members of the San José
State University community may constitute grounds for resort to
law or other formal action. Any San José State University
procedures for formal action must be evenhanded in their
application to all parties-- whether organizer, protester, or
audience member, or administrator, staff, faculty, or student--
and must provide the appropriate due process to bring a
complaint.

It is the responsibility of all members of the San José
State University community and their co-sponsors and guests to
observe and facilitate these Guidelines. Any institutional
procedures for enforcement other than resort to law fall within
the jurisdiction of San José State University.

Officers of the San José State University Police
Department will act in accordance with the procedures outlined in
this document. When non-University security forces are summoned,
it is understood that they are not under the direct control of
San José State University, but they should be made aware of
San José State University policies set forth in these
Guidelines.

San José State University should provide appropriate
platforms for free speech and artistic expression. Whenever areas
surrounding a public event are cordoned off for security
purposes, this must not be done in such a way as to remove the
possible location of any protest so far from the center of action
that the protest is thereby rendered totally ineffectual.
Organizers of the event or University representatives should make
clear in advance which areas have been cordoned off, and for what
purpose.

Whenever possible, lines of communication between those
organizing, sponsoring, or managing an event and those
considering protesting the event should be arranged and
maintained during the event.

This directive is intended to supplement the guidance provided
by Presidential Directive 2001-01 (April 12, 2001)